Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 728
       
       
       
       
       
       
                                Barcode 526352                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/27/2011           .                                
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       The Committee on Budget (Negron) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) of section 213.053, Florida
    6  Statutes, is amended to read:
    7         213.053 Confidentiality and information sharing.—
    8         (4) The department, while providing unemployment tax
    9  collection services under contract with the Agency for Workforce
   10  Innovation through an interagency agreement pursuant to s.
   11  443.1316, may release unemployment tax rate information to the
   12  agent of an employer who, which agent provides payroll services
   13  for more than 100 500 employers, pursuant to the terms of a
   14  memorandum of understanding. The memorandum of understanding
   15  must state that the agent affirms, subject to the criminal
   16  penalties contained in ss. 443.171 and 443.1715, that the agent
   17  will retain the confidentiality of the information, that the
   18  agent has in effect a power of attorney from the employer which
   19  permits the agent to obtain unemployment tax rate information,
   20  and that the agent shall provide the department with a copy of
   21  the employer’s power of attorney upon request.
   22         Section 2. Section 443.031, Florida Statutes, is amended to
   23  read:
   24         443.031 Rule of liberal construction.—This chapter shall be
   25  liberally construed to accomplish its purpose to promote
   26  employment security by increasing opportunities for reemployment
   27  and to provide, through the accumulation of reserves, for the
   28  payment of compensation to individuals with respect to their
   29  unemployment. The Legislature hereby declares its intention to
   30  provide for carrying out the purposes of this chapter in
   31  cooperation with the appropriate agencies of other states and of
   32  the Federal Government as part of a nationwide employment
   33  security program, and particularly to provide for meeting the
   34  requirements of Title III, the requirements of the Federal
   35  Unemployment Tax Act, and the Wagner-Peyser Act of June 6, 1933,
   36  entitled “An Act to provide for the establishment of a national
   37  employment system and for cooperation with the states in the
   38  promotion of such system, and for other purposes,” each as
   39  amended, in order to secure for this state and its citizens the
   40  grants and privileges available under such acts. All doubts in
   41  favor of a claimant of unemployment benefits who is unemployed
   42  through no fault of his or her own. Any doubt as to the proper
   43  construction of any provision of this chapter shall be resolved
   44  in favor of conformity with such requirements federal law,
   45  including, but not limited to, the Federal Unemployment Tax Act,
   46  the Social Security Act, the Wagner-Peyser Act, and the
   47  Workforce Investment Act.
   48         Section 3. Present subsections (26) through (45) of section
   49  443.036, Florida Statutes, are renumbered as subsections (28)
   50  through (47), respectively, new subsections (26) and (27) are
   51  added to that section, and present subsections (6), (9), (29),
   52  and (43) of that section are amended, to read:
   53         443.036 Definitions.—As used in this chapter, the term:
   54         (6) “Available for work” means actively seeking and being
   55  ready and willing to accept suitable work employment.
   56         (9) “Benefit year” means, for an individual, the 1-year
   57  period beginning with the first day of the first week for which
   58  the individual first files a valid claim for benefits and,
   59  thereafter, the 1-year period beginning with the first day of
   60  the first week for which the individual next files a valid claim
   61  for benefits after the termination of his or her last preceding
   62  benefit year. Each claim for benefits made in accordance with s.
   63  443.151(2) is a valid claim under this subsection if the
   64  individual was paid wages for insured work in accordance with s.
   65  443.091(1)(g) and is unemployed as defined in subsection (45)
   66  (43) at the time of filing the claim. However, the Agency for
   67  Workforce Innovation may adopt rules providing for the
   68  establishment of a uniform benefit year for all workers in one
   69  or more groups or classes of service or within a particular
   70  industry if the agency determines, after notice to the industry
   71  and to the workers in the industry and an opportunity to be
   72  heard in the matter, that those groups or classes of workers in
   73  a particular industry periodically experience unemployment
   74  resulting from layoffs or shutdowns for limited periods of time.
   75         (26) “Individual in continued reporting status” means an
   76  individual who has been determined to be eligible pursuant to s.
   77  443.091 who is reporting to the Agency for Workforce Innovation
   78  in accordance with s. 443.091(1)(c).
   79         (27) “Initial skills review” means an online education or
   80  training program, such as that established under s. 1004.99,
   81  that is approved by the Agency for Workforce Innovation and
   82  designed to measure an individual’s mastery level of workplace
   83  skills.
   84         (31)(29) “Misconduct,irrespective of whether the
   85  misconduct occurs at the workplace or during working hours,
   86  includes, but is not limited to, the following, which may not be
   87  construed in pari materia with each other:
   88         (a) Conduct demonstrating conscious willful or wanton
   89  disregard of an employer’s interests and found to be a
   90  deliberate violation or disregard of the reasonable standards of
   91  behavior which the employer expects has a right to expect of his
   92  or her employee.; or
   93         (b) Carelessness or negligence to a degree or recurrence
   94  that manifests culpability, wrongful intent, or evil design or
   95  shows an intentional and substantial disregard of the employer’s
   96  interests or of the employee’s duties and obligations to his or
   97  her employer.
   98         (c) Chronic absenteeism or tardiness in deliberate
   99  violation of a known policy of the employer or one or more
  100  unapproved absences following a written reprimand or warning
  101  relating to more than one unapproved absence.
  102         (d) A willful and deliberate violation of a standard or
  103  regulation of this state by an employee of an employer licensed
  104  or certified by this state, which violation would cause the
  105  employer to be sanctioned or have its license or certification
  106  suspended by this state.
  107         (e) A violation of an employer’s rule, unless the claimant
  108  can demonstrate that:
  109         1. He or she did not know, and could not reasonably know,
  110  of the rule’s requirements;
  111         2. The rule is not lawful or not reasonably related to the
  112  job environment and performance; or
  113         3. The rule is not fairly or consistently enforced.
  114         (45)(43) “Unemployment” or “unemployed” means:
  115         (a) An individual is “totally unemployed” in any week
  116  during which he or she does not perform any services and for
  117  which earned income is not payable to him or her. An individual
  118  is “partially unemployed” in any week of less than full-time
  119  work if the earned income payable to him or her for that week is
  120  less than his or her weekly benefit amount. The Agency for
  121  Workforce Innovation may adopt rules prescribing distinctions in
  122  the procedures for unemployed individuals based on total
  123  unemployment, part-time unemployment, partial unemployment of
  124  individuals attached to their regular jobs, and other forms of
  125  short-time work.
  126         (b) An individual’s week of unemployment commences only
  127  after his or her registration with the Agency for Workforce
  128  Innovation as required in s. 443.091, except as the agency may
  129  otherwise prescribe by rule.
  130         Section 4. Paragraph (b) of subsection (2) of section
  131  443.041, Florida Statutes, is amended to read:
  132         443.041 Waiver of rights; fees; privileged communications.—
  133         (2) FEES.—
  134         (b) An attorney at law representing a claimant for benefits
  135  in any district court of appeal of this state or in the Supreme
  136  Court of Florida is entitled to counsel fees payable by the
  137  Agency for Workforce Innovation as set by the court if the
  138  petition for review or appeal is initiated by the claimant and
  139  results in a decision awarding more benefits than provided in
  140  the decision from which appeal was taken. The amount of the fee
  141  may not exceed 50 percent of the total amount of regular
  142  benefits permitted under s. 443.111(5)(b)(a) during the benefit
  143  year.
  144         Section 5. Paragraph (b) of subsection (1) of section
  145  443.091, Florida Statutes, is amended to read:
  146         443.091 Benefit eligibility conditions.—
  147         (1) An unemployed individual is eligible to receive
  148  benefits for any week only if the Agency for Workforce
  149  Innovation finds that:
  150         (b) She or he has registered with the agency for work and
  151  subsequently reports to the one-stop career center as directed
  152  by the regional workforce board for reemployment services. This
  153  requirement does not apply to persons who are:
  154         1. Non-Florida residents;
  155         2. On a temporary layoff, as defined in s. 443.036(42);
  156         3. Union members who customarily obtain employment through
  157  a union hiring hall; or
  158         4. Claiming benefits under an approved short-time
  159  compensation plan as provided in s. 443.1116.
  160         Section 6. Effective August 1, 2011, paragraph (c) of
  161  subsection (1) of section 443.091, Florida Statutes, is amended
  162  to read:
  163         443.091 Benefit eligibility conditions.—
  164         (1) An unemployed individual is eligible to receive
  165  benefits for any week only if the Agency for Workforce
  166  Innovation finds that:
  167         (c) To make continued claims for benefits, she or he is
  168  reporting to the agency in accordance with its rules.
  169         1. These rules may not conflict with s. 443.111(1)(b),
  170  including the requirement that each claimant continue to report
  171  regardless of any pending appeal relating to her or his
  172  eligibility or disqualification for benefits.
  173         2. An individual in continued reporting status must
  174  participate in an initial skills review as directed by the
  175  agency. The failure of the individual to comply with this
  176  subparagraph will result in the individual being determined
  177  ineligible for the week in which the noncompliance occurred and
  178  for any subsequent week of unemployment until the requirement is
  179  satisfied. However, this subparagraph does not apply if the
  180  individual is able to affirmatively attest to being unable to
  181  complete such review due to illiteracy, language barrier, or
  182  technological impediment.
  183         3. The administrator or operator of the initial skills
  184  review must notify the agency when the individual completes
  185  participation in the initial skills review. The administrator or
  186  operator of the initial skills review must also report the
  187  results of the individual’s initial skills review to the
  188  regional workforce board or the one-stop career center as
  189  directed by the workforce board for reemployment services.
  190         Section 7. Effective August 1, 2011, paragraph (a) of
  191  subsection (1) and subsections (2), (3), and (9) of section
  192  443.101, Florida Statutes, are amended, and subsection (12) is
  193  added to that section, to read:
  194         443.101 Disqualification for benefits.—An individual shall
  195  be disqualified for benefits:
  196         (1)(a) For the week in which he or she has voluntarily left
  197  work without good cause attributable to his or her employing
  198  unit or in which the individual has been discharged by the
  199  employing unit for misconduct connected with his or her work,
  200  based on a finding by the Agency for Workforce Innovation. As
  201  used in this paragraph, the term “work” means any work, whether
  202  full-time, part-time, or temporary.
  203         1. Disqualification for voluntarily quitting continues for
  204  the full period of unemployment next ensuing after the
  205  individual has left his or her full-time, part-time, or
  206  temporary work voluntarily without good cause and until the
  207  individual has earned income equal to or in excess of 17 times
  208  his or her weekly benefit amount. As used in this subsection,
  209  the term “good cause” includes only that cause attributable to
  210  the employing unit that would compel a reasonable employee to
  211  cease his or her work or which consists of the individual’s
  212  illness or disability requiring separation from his or her work.
  213  Any other disqualification may not be imposed. An individual is
  214  not disqualified under this subsection for voluntarily leaving
  215  temporary work to return immediately when called to work by the
  216  permanent employing unit that temporarily terminated his or her
  217  work within the previous 6 calendar months. An individual is not
  218  disqualified under this subsection for voluntarily leaving work
  219  to relocate as a result of his or her military-connected
  220  spouse’s permanent change of station orders, activation orders,
  221  or unit deployment orders.
  222         2. Disqualification for being discharged for misconduct
  223  connected with his or her work continues for the full period of
  224  unemployment next ensuing after having been discharged and until
  225  the individual is reemployed and has earned income of at least
  226  17 times his or her weekly benefit amount and for not more than
  227  52 weeks that immediately follow that week, as determined by the
  228  agency in each case according to the circumstances in each case
  229  or the seriousness of the misconduct, under the agency’s rules
  230  adopted for determinations of disqualification for benefits for
  231  misconduct.
  232         3. If an individual has provided notification to the
  233  employing unit of his or her intent to voluntarily leave work
  234  and the employing unit discharges the individual for reasons
  235  other than misconduct before the date the voluntary quit was to
  236  take effect, the individual, if otherwise entitled, shall
  237  receive benefits from the date of the employer’s discharge until
  238  the effective date of his or her voluntary quit.
  239         4. If an individual is notified by the employing unit of
  240  the employer’s intent to discharge the individual for reasons
  241  other than misconduct and the individual quits without good
  242  cause, as defined in this section, before the date the discharge
  243  was to take effect, the claimant is ineligible for benefits
  244  pursuant to s. 443.091(1)(d) for failing to be available for
  245  work for the week or weeks of unemployment occurring before the
  246  effective date of the discharge.
  247         (2) If the Agency for Workforce Innovation finds that the
  248  individual has failed without good cause to actively seek work,
  249  apply for available suitable work when directed by the agency or
  250  the one-stop career center, to accept suitable work when offered
  251  to him or her, or to return to the individual’s customary self
  252  employment when directed by the agency, the disqualification
  253  continues for the full period of unemployment next ensuing after
  254  he or she failed without good cause to actively seek work, apply
  255  for available suitable work, to accept suitable work, or to
  256  return to his or her customary self-employment, under this
  257  subsection, and until the individual has earned income at least
  258  17 times his or her weekly benefit amount. The Agency for
  259  Workforce Innovation shall by rule adopt criteria for
  260  determining the “suitability of work,” as used in this section.
  261  The Agency for Workforce Innovation in developing these rules
  262  shall consider the duration of a claimant’s unemployment in
  263  determining the suitability of work and the suitability of
  264  proposed rates of compensation for available work. Further,
  265  after an individual has received 19 25 weeks of benefits in a
  266  single year, suitable work is a job that pays the minimum wage
  267  and is 120 percent or more of the weekly benefit amount the
  268  individual is drawing.
  269         (a) In determining whether or not any work is suitable for
  270  an individual, the Agency for Workforce Innovation shall
  271  consider the degree of risk involved to his or her health,
  272  safety, and morals; his or her physical fitness and prior
  273  training; the individual’s experience and prior earnings; his or
  274  her length of unemployment and prospects for securing local work
  275  in his or her customary occupation; and the distance of the
  276  available work from his or her residence.
  277         (b) Notwithstanding any other provisions of this chapter,
  278  work is not deemed suitable and benefits may not be denied under
  279  this chapter to any otherwise eligible individual for refusing
  280  to accept new work under any of the following conditions:
  281         1. If the position offered is vacant due directly to a
  282  strike, lockout, or other labor dispute.
  283         2. If the wages, hours, or other conditions of the work
  284  offered are substantially less favorable to the individual than
  285  those prevailing for similar work in the locality.
  286         3. If as a condition of being employed, the individual
  287  would be required to join a company union or to resign from or
  288  refrain from joining any bona fide labor organization.
  289         (c) If the Agency for Workforce Innovation finds that an
  290  individual was rejected for offered employment as the direct
  291  result of a positive, confirmed drug test required as a
  292  condition of employment, the individual is disqualified for
  293  refusing to accept an offer of suitable work.
  294         (3) For any week with respect to which he or she is
  295  receiving or has received remuneration in the form of:
  296         (a) Wages in lieu of notice.
  297         (b) Severance pay. The number of weeks that an individual’s
  298  severance pay disqualifies the individual is equal to the amount
  299  of the severance pay divided by that individual’s average weekly
  300  wage received from the employer that paid the severance pay,
  301  rounded down to the nearest whole number, beginning with the
  302  week the individual is separated from employment.
  303         (c)(b)1. Compensation for temporary total disability or
  304  permanent total disability under the workers’ compensation law
  305  of any state or under a similar law of the United States.
  306  
  307  2. However, If the remuneration referred to in this subsection
  308  paragraphs (a) and (b) is less than the benefits that would
  309  otherwise be due under this chapter, an individual who is
  310  otherwise eligible he or she is entitled to receive for that
  311  week, if otherwise eligible, benefits reduced by the amount of
  312  the remuneration.
  313         (9) If the individual was terminated from his or her work
  314  for violation of any criminal law punishable by imprisonment, or
  315  for any dishonest act, in connection with his or her work, as
  316  follows:
  317         (a) If the Agency for Workforce Innovation or the
  318  Unemployment Appeals Commission finds that the individual was
  319  terminated from his or her work for violation of any criminal
  320  law, under any jurisdiction, which was punishable by
  321  imprisonment in connection with his or her work, and the
  322  individual was convicted found guilty of the offense, made an
  323  admission of guilt in a court of law, or entered a plea of
  324  guilty or nolo contendere no contest, the individual is not
  325  entitled to unemployment benefits for up to 52 weeks, pursuant
  326  to under rules adopted by the agency for Workforce Innovation,
  327  and until he or she has earned income of at least 17 times his
  328  or her weekly benefit amount. If, before an adjudication of
  329  guilt, an admission of guilt, or a plea of nolo contendere no
  330  contest, the employer proves by competent substantial evidence
  331  to shows the agency for Workforce Innovation that the arrest was
  332  due to a crime against the employer or the employer’s business,
  333  customers, or invitees and, after considering all the evidence,
  334  the Agency for Workforce Innovation finds misconduct in
  335  connection with the individual’s work, the individual is not
  336  entitled to unemployment benefits.
  337         (b) If the Agency for Workforce Innovation or the
  338  Unemployment Appeals Commission finds that the individual was
  339  terminated from work for any dishonest act in connection with
  340  his or her work, the individual is not entitled to unemployment
  341  benefits for up to 52 weeks, under rules adopted by the Agency
  342  for Workforce Innovation, and until he or she has earned income
  343  of at least 17 times his or her weekly benefit amount. In
  344  addition, if the employer terminates an individual as a result
  345  of a dishonest act in connection with his or her work and the
  346  Agency for Workforce Innovation finds misconduct in connection
  347  with his or her work, the individual is not entitled to
  348  unemployment benefits.
  349  
  350  With respect to an individual disqualified for benefits, the
  351  account of the terminating employer, if the employer is in the
  352  base period, is noncharged at the time the disqualification is
  353  imposed.
  354         (12) For any week in which the individual is unavailable
  355  for work due to incarceration or imprisonment.
  356         Section 8. Effective January 1, 2012, subsection (5) of
  357  section 443.111, Florida Statutes, is amended to read:
  358         443.111 Payment of benefits.—
  359         (5) DURATION OF BENEFITS.—
  360         (a) As used in this section, the term “Florida average
  361  unemployment rate” means the average of the 3 months for the
  362  most recent third calendar year quarter of the seasonally
  363  adjusted statewide unemployment rates as published by the Agency
  364  for Workforce Innovation.
  365         (b)1. Each otherwise eligible individual is entitled during
  366  any benefit year to a total amount of benefits equal to 25
  367  percent of the total wages in his or her base period, not to
  368  exceed $5,500 or the product arrived at by multiplying the
  369  weekly benefit amount with the number of weeks determined in
  370  paragraph (c), whichever is less $7,150. However, the total
  371  amount of benefits, if not a multiple of $1, is rounded downward
  372  to the nearest full dollar amount. These benefits are payable at
  373  a weekly rate no greater than the weekly benefit amount.
  374         (c) For claims submitted during a calendar year, the
  375  duration of benefits is limited to:
  376         1. Twelve weeks if this state’s average unemployment rate
  377  is at or below 5 percent.
  378         2. An additional week in addition to the 12 weeks for each
  379  0.5 percent increment in this state’s average unemployment rate
  380  above 5 percent.
  381         3. Up to a maximum of 20 weeks if this state’s average
  382  unemployment rate equals or exceeds 9 percent.
  383         (d)2. For the purposes of this subsection, wages are
  384  counted as “wages for insured work” for benefit purposes with
  385  respect to any benefit year only if the benefit year begins
  386  after the date the employing unit by whom the wages were paid
  387  has satisfied the conditions of this chapter for becoming an
  388  employer.
  389         (e)(b) If the remuneration of an individual is not based
  390  upon a fixed period or duration of time or if the individual’s
  391  wages are paid at irregular intervals or in a manner that does
  392  not extend regularly over the period of employment, the wages
  393  for any week or for any calendar quarter for the purpose of
  394  computing an individual’s right to employment benefits only are
  395  determined in the manner prescribed by rule. These rules, to the
  396  extent practicable, must secure results reasonably similar to
  397  those that would prevail if the individual were paid her or his
  398  wages at regular intervals.
  399         Section 9. Paragraph (f) of subsection (13) of section
  400  443.1216, Florida Statutes, is amended to read:
  401         443.1216 Employment.—Employment, as defined in s. 443.036,
  402  is subject to this chapter under the following conditions:
  403         (13) The following are exempt from coverage under this
  404  chapter:
  405         (f) Service performed in the employ of a public employer as
  406  defined in s. 443.036, except as provided in subsection (2), and
  407  service performed in the employ of an instrumentality of a
  408  public employer as described in s. 443.036(37)(35)(b) or (c), to
  409  the extent that the instrumentality is immune under the United
  410  States Constitution from the tax imposed by s. 3301 of the
  411  Internal Revenue Code for that service.
  412         Section 10. Effective upon this act becoming a law, for tax
  413  rates effective on or after January 1, 2012, paragraphs (b) and
  414  (e) of subsection (3) of section 443.131, Florida Statutes, are
  415  amended to read:
  416         443.131 Contributions.—
  417         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
  418  EXPERIENCE.—
  419         (b) Benefit ratio.—
  420         1. As used in this paragraph, the term “annual payroll”
  421  means the calendar quarter taxable payroll reported to the tax
  422  collection service provider for the quarters used in computing
  423  the benefit ratio. The term does not include a penalty resulting
  424  from the untimely filing of required wage and tax reports. All
  425  of the taxable payroll reported to the tax collection service
  426  provider by the end of the quarter preceding the quarter for
  427  which the contribution rate is to be computed must be used in
  428  the computation.
  429         2. As used in this paragraph, the term “benefits charged to
  430  the employer’s employment record” means the amount of benefits
  431  paid to individuals multiplied by:
  432         a. One for benefits paid prior to July 1, 2007.
  433         b. Nine-tenths for benefits paid during the period
  434  beginning on July 1, 2007, and ending March 31, 2011.
  435         c. One for benefits paid after March 31, 2011.
  436         3.2. For each calendar year, the tax collection service
  437  provider shall compute a benefit ratio for each employer whose
  438  employment record was chargeable for benefits during the 12
  439  consecutive quarters ending June 30 of the calendar year
  440  preceding the calendar year for which the benefit ratio is
  441  computed. An employer’s benefit ratio is the quotient obtained
  442  by dividing the total benefits charged to the employer’s
  443  employment record during the 3-year period ending June 30 of the
  444  preceding calendar year by the total of the employer’s annual
  445  payroll for the 3-year period ending June 30 of the preceding
  446  calendar year. The benefit ratio shall be computed to the fifth
  447  decimal place and rounded to the fourth decimal place.
  448         4.3. The tax collection service provider shall compute a
  449  benefit ratio for each employer who was not previously eligible
  450  under subparagraph 3. 2., whose contribution rate is set at the
  451  initial contribution rate in paragraph (2)(a), and whose
  452  employment record was chargeable for benefits during at least 8
  453  calendar quarters immediately preceding the calendar quarter for
  454  which the benefit ratio is computed. The employer’s benefit
  455  ratio is the quotient obtained by dividing the total benefits
  456  charged to the employer’s employment record during the first 6
  457  of the 8 completed calendar quarters immediately preceding the
  458  calendar quarter for which the benefit ratio is computed by the
  459  total of the employer’s annual payroll during the first 7 of the
  460  9 completed calendar quarters immediately preceding the calendar
  461  quarter for which the benefit ratio is computed. The benefit
  462  ratio shall be computed to the fifth decimal place and rounded
  463  to the fourth decimal place and applies for the remainder of the
  464  calendar year. The employer must subsequently be rated on an
  465  annual basis using up to 12 calendar quarters of benefits
  466  charged and up to 12 calendar quarters of annual payroll. That
  467  employer’s benefit ratio is the quotient obtained by dividing
  468  the total benefits charged to the employer’s employment record
  469  by the total of the employer’s annual payroll during the
  470  quarters used in his or her first computation plus the
  471  subsequent quarters reported through June 30 of the preceding
  472  calendar year. Each subsequent calendar year, the rate shall be
  473  computed under subparagraph 3. 2. The tax collection service
  474  provider shall assign a variation from the standard rate of
  475  contributions in paragraph (c) on a quarterly basis to each
  476  eligible employer in the same manner as an assignment for a
  477  calendar year under paragraph (e).
  478         (e) Assignment of variations from the standard rate.—
  479         1. As used in this paragraph, the terms “total benefit
  480  payments,” “benefits paid to an individual,” and “benefits
  481  charged to the employment record of an employer” mean the amount
  482  of benefits paid to individuals multiplied by:
  483         a. One for benefits paid prior to July 1, 2007.
  484         b. Nine-tenths for benefits paid during the period
  485  beginning on July 1, 2007, and ending March 31, 2011.
  486         c. One for benefits paid after March 31, 2011.
  487         2. For the calculation of contribution rates effective
  488  January 1, 2010, and thereafter:
  489         a.1. The tax collection service provider shall assign a
  490  variation from the standard rate of contributions for each
  491  calendar year to each eligible employer. In determining the
  492  contribution rate, varying from the standard rate to be assigned
  493  each employer, adjustment factors computed under sub-sub
  494  subparagraphs (I)-(IV) sub-subparagraphs a.-d. are added to the
  495  benefit ratio. This addition shall be accomplished in two steps
  496  by adding a variable adjustment factor and a final adjustment
  497  factor. The sum of these adjustment factors computed under sub
  498  sub-subparagraphs (I)-(IV) sub-subparagraphs a.-d. shall first
  499  be algebraically summed. The sum of these adjustment factors
  500  shall next be divided by a gross benefit ratio determined as
  501  follows: Total benefit payments for the 3-year period described
  502  in subparagraph (b)3. (b)2. are charged to employers eligible
  503  for a variation from the standard rate, minus excess payments
  504  for the same period, divided by taxable payroll entering into
  505  the computation of individual benefit ratios for the calendar
  506  year for which the contribution rate is being computed. The
  507  ratio of the sum of the adjustment factors computed under sub
  508  sub-subparagraphs (I)-(IV) sub-subparagraphs a.-d. to the gross
  509  benefit ratio is multiplied by each individual benefit ratio
  510  that is less than the maximum contribution rate to obtain
  511  variable adjustment factors; except that if the sum of an
  512  employer’s individual benefit ratio and variable adjustment
  513  factor exceeds the maximum contribution rate, the variable
  514  adjustment factor is reduced in order for the sum to equal the
  515  maximum contribution rate. The variable adjustment factor for
  516  each of these employers is multiplied by his or her taxable
  517  payroll entering into the computation of his or her benefit
  518  ratio. The sum of these products is divided by the taxable
  519  payroll of the employers who entered into the computation of
  520  their benefit ratios. The resulting ratio is subtracted from the
  521  sum of the adjustment factors computed under sub-sub
  522  subparagraphs (I)-(IV) sub-subparagraphs a.-d. to obtain the
  523  final adjustment factor. The variable adjustment factors and the
  524  final adjustment factor must be computed to five decimal places
  525  and rounded to the fourth decimal place. This final adjustment
  526  factor is added to the variable adjustment factor and benefit
  527  ratio of each employer to obtain each employer’s contribution
  528  rate. An employer’s contribution rate may not, however, be
  529  rounded to less than 0.1 percent.
  530         (I)a. An adjustment factor for noncharge benefits is
  531  computed to the fifth decimal place and rounded to the fourth
  532  decimal place by dividing the amount of noncharge benefits
  533  during the 3-year period described in subparagraph (b)3. (b)2.
  534  by the taxable payroll of employers eligible for a variation
  535  from the standard rate who have a benefit ratio for the current
  536  year which is less than the maximum contribution rate. For
  537  purposes of computing this adjustment factor, the taxable
  538  payroll of these employers is the taxable payrolls for the 3
  539  years ending June 30 of the current calendar year as reported to
  540  the tax collection service provider by September 30 of the same
  541  calendar year. As used in this sub-sub-subparagraph sub
  542  subparagraph, the term “noncharge benefits” means benefits paid
  543  to an individual from the Unemployment Compensation Trust Fund,
  544  but which were not charged to the employment record of any
  545  employer.
  546         (II)b. An adjustment factor for excess payments is computed
  547  to the fifth decimal place, and rounded to the fourth decimal
  548  place by dividing the total excess payments during the 3-year
  549  period described in subparagraph (b)3. (b)2. by the taxable
  550  payroll of employers eligible for a variation from the standard
  551  rate who have a benefit ratio for the current year which is less
  552  than the maximum contribution rate. For purposes of computing
  553  this adjustment factor, the taxable payroll of these employers
  554  is the same figure used to compute the adjustment factor for
  555  noncharge benefits under sub-sub-subparagraph (I) sub
  556  subparagraph a. As used in this sub-subparagraph, the term
  557  “excess payments” means the amount of benefits charged to the
  558  employment record of an employer during the 3-year period
  559  described in subparagraph (b)3. (b)2., less the product of the
  560  maximum contribution rate and the employer’s taxable payroll for
  561  the 3 years ending June 30 of the current calendar year as
  562  reported to the tax collection service provider by September 30
  563  of the same calendar year. As used in this sub-sub-subparagraph
  564  sub-subparagraph, the term “total excess payments” means the sum
  565  of the individual employer excess payments for those employers
  566  that were eligible for assignment of a contribution rate
  567  different from the standard rate.
  568         (III)c. With respect to computing a positive adjustment
  569  factor:
  570         (A)(I) Beginning January 1, 2012, if the balance of the
  571  Unemployment Compensation Trust Fund on September 30 of the
  572  calendar year immediately preceding the calendar year for which
  573  the contribution rate is being computed is less than 4 percent
  574  of the taxable payrolls for the year ending June 30 as reported
  575  to the tax collection service provider by September 30 of that
  576  calendar year, a positive adjustment factor shall be computed.
  577  The positive adjustment factor is computed annually to the fifth
  578  decimal place and rounded to the fourth decimal place by
  579  dividing the sum of the total taxable payrolls for the year
  580  ending June 30 of the current calendar year as reported to the
  581  tax collection service provider by September 30 of that calendar
  582  year into a sum equal to one-third of the difference between the
  583  balance of the fund as of September 30 of that calendar year and
  584  the sum of 5 percent of the total taxable payrolls for that
  585  year. The positive adjustment factor remains in effect for
  586  subsequent years until the balance of the Unemployment
  587  Compensation Trust Fund as of September 30 of the year
  588  immediately preceding the effective date of the contribution
  589  rate equals or exceeds 5 percent of the taxable payrolls for the
  590  year ending June 30 of the current calendar year as reported to
  591  the tax collection service provider by September 30 of that
  592  calendar year.
  593         (B)(II) Beginning January 1, 2015, and for each year
  594  thereafter, the positive adjustment shall be computed by
  595  dividing the sum of the total taxable payrolls for the year
  596  ending June 30 of the current calendar year as reported to the
  597  tax collection service provider by September 30 of that calendar
  598  year into a sum equal to one-fourth of the difference between
  599  the balance of the fund as of September 30 of that calendar year
  600  and the sum of 5 percent of the total taxable payrolls for that
  601  year. The positive adjustment factor remains in effect for
  602  subsequent years until the balance of the Unemployment
  603  Compensation Trust Fund as of September 30 of the year
  604  immediately preceding the effective date of the contribution
  605  rate equals or exceeds 4 percent of the taxable payrolls for the
  606  year ending June 30 of the current calendar year as reported to
  607  the tax collection service provider by September 30 of that
  608  calendar year.
  609         (IV)d. If, beginning January 1, 2015, and each year
  610  thereafter, the balance of the Unemployment Compensation Trust
  611  Fund as of September 30 of the year immediately preceding the
  612  calendar year for which the contribution rate is being computed
  613  exceeds 5 percent of the taxable payrolls for the year ending
  614  June 30 of the current calendar year as reported to the tax
  615  collection service provider by September 30 of that calendar
  616  year, a negative adjustment factor must be computed. The
  617  negative adjustment factor shall be computed annually beginning
  618  on January 1, 2015, and each year thereafter, to the fifth
  619  decimal place and rounded to the fourth decimal place by
  620  dividing the sum of the total taxable payrolls for the year
  621  ending June 30 of the current calendar year as reported to the
  622  tax collection service provider by September 30 of the calendar
  623  year into a sum equal to one-fourth of the difference between
  624  the balance of the fund as of September 30 of the current
  625  calendar year and 5 percent of the total taxable payrolls of
  626  that year. The negative adjustment factor remains in effect for
  627  subsequent years until the balance of the Unemployment
  628  Compensation Trust Fund as of September 30 of the year
  629  immediately preceding the effective date of the contribution
  630  rate is less than 5 percent, but more than 4 percent of the
  631  taxable payrolls for the year ending June 30 of the current
  632  calendar year as reported to the tax collection service provider
  633  by September 30 of that calendar year. The negative adjustment
  634  authorized by this section is suspended in any calendar year in
  635  which repayment of the principal amount of an advance received
  636  from the federal Unemployment Compensation Trust Fund under 42
  637  U.S.C. s. 1321 is due to the Federal Government.
  638         (V)e. The maximum contribution rate that may be assigned to
  639  an employer is 5.4 percent, except employers participating in an
  640  approved short-time compensation plan may be assigned a maximum
  641  contribution rate that is 1 percent greater than the maximum
  642  contribution rate for other employers in any calendar year in
  643  which short-time compensation benefits are charged to the
  644  employer’s employment record.
  645         (VI)f. As used in this subsection, “taxable payroll” shall
  646  be determined by excluding any part of the remuneration paid to
  647  an individual by an employer for employment during a calendar
  648  year in excess of the first $7,000. Beginning January 1, 2012,
  649  “taxable payroll” shall be determined by excluding any part of
  650  the remuneration paid to an individual by an employer for
  651  employment during a calendar year as described in s.
  652  443.1217(2). For the purposes of the employer rate calculation
  653  that will take effect in January 1, 2012, and in January 1,
  654  2013, the tax collection service provider shall use the data
  655  available for taxable payroll from 2009 based on excluding any
  656  part of the remuneration paid to an individual by an employer
  657  for employment during a calendar year in excess of the first
  658  $7,000, and from 2010 and 2011, the data available for taxable
  659  payroll based on excluding any part of the remuneration paid to
  660  an individual by an employer for employment during a calendar
  661  year in excess of the first $8,500.
  662         b.2. If the transfer of an employer’s employment record to
  663  an employing unit under paragraph (f) which, before the
  664  transfer, was an employer, the tax collection service provider
  665  shall recompute a benefit ratio for the successor employer based
  666  on the combined employment records and reassign an appropriate
  667  contribution rate to the successor employer effective on the
  668  first day of the calendar quarter immediately after the
  669  effective date of the transfer.
  670         Section 11. Present paragraph (f) of subsection (1) of
  671  section 443.141, Florida Statutes, is redesignated as paragraph
  672  (g), and new paragraph (f) is added to that subsection to read:
  673         443.141 Collection of contributions and reimbursements.—
  674         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
  675  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
  676         (f) Payments for 2012, 2013, and 2014 Contributions.-For an
  677  annual administrative fee not to exceed $5, a contributing
  678  employer may pay its quarterly contributions due for wages paid
  679  in the first three quarters of 2012, 2013, and 2014 in equal
  680  installments if those contributions are paid as follows:
  681         1. For contributions due for wages paid in the first
  682  quarter of each year, one-fourth of the contributions due must
  683  be paid on or before April 30, one-fourth must be paid on or
  684  before July 31, one-fourth must be paid on or before October 31,
  685  and one-fourth must be paid on or before December 31.
  686         2. In addition to the payments specified in subparagraph
  687  1., for contributions due for wages paid in the second quarter
  688  of each year, one-third of the contributions due must be paid on
  689  or before July 31, one-third must be paid on or before October
  690  31, and one-third must be paid on or before December 31.
  691         3. In addition to the payments specified in subparagraphs
  692  1. and 2., for contributions due for wages paid in the third
  693  quarter of each year, one-half of the contributions due must be
  694  paid on or before October 31, and one-half must be paid on or
  695  before December 31.
  696         4. The annual administrative fee assessed for electing to
  697  pay under the installment method shall be collected at the time
  698  the employer makes the first installment payment each year. The
  699  fee shall be segregated from the payment and deposited into the
  700  Operating Trust Fund of the Department of Revenue.
  701         5. Interest does not accrue on any contribution that
  702  becomes due for wages paid in the first three quarters of each
  703  year if the employer pays the contribution in accordance with
  704  subparagraphs 1.-4. Interest and fees continue to accrue on
  705  prior delinquent contributions and commence accruing on all
  706  contributions due for wages paid in the first three quarters of
  707  each year which are not paid in accordance with subparagraphs
  708  1.-3. Penalties may be assessed in accordance with this chapter.
  709  The contributions due for wages paid in the fourth quarter of
  710  2012, 2013, and 2014 are not affected by this paragraph and are
  711  due and payable in accordance with this chapter.
  712         Section 12. Paragraphs (b) and (d) of subsection (3) and
  713  paragraphs (b) and (e) of subsection (4) of section 443.151,
  714  Florida Statutes, are amended to read:
  715         443.151 Procedure concerning claims.—
  716         (3) DETERMINATION OF ELIGIBILITY.—
  717         (b) Monetary determinations.—In addition to the notice of
  718  claim, the Agency for Workforce Innovation must shall also
  719  promptly provide an initial monetary determination to the
  720  claimant and each base period employer whose account is subject
  721  to being charged for its respective share of benefits on the
  722  claim. The monetary determination must include a statement of
  723  whether and in what amount the claimant is entitled to benefits,
  724  and, in the event of a denial, must state the reasons for the
  725  denial. A monetary determination for the first week of a benefit
  726  year must also include a statement of whether the claimant was
  727  paid the wages required under s. 443.091(1)(g) and, if so, the
  728  first day of the benefit year, the claimant’s weekly benefit
  729  amount, and the maximum total amount of benefits payable to the
  730  claimant for a benefit year. The monetary determination is final
  731  unless within 20 days after the mailing of the notices to the
  732  parties’ last known addresses, or in lieu of mailing, within 20
  733  days after the delivery of the notices, an appeal or written
  734  request for reconsideration is filed by the claimant or other
  735  party entitled to notice. The agency may adopt rules as
  736  necessary to implement the processes described in this paragraph
  737  relating to notices of monetary determinations and the appeals
  738  or reconsideration requests filed in response to such notices.
  739         (d) Determinations in labor dispute cases.If a Whenever
  740  any claim involves a labor dispute described in s. 443.101(4),
  741  the Agency for Workforce Innovation shall promptly assign the
  742  claim to a special examiner who shall make a determination on
  743  the issues involving unemployment due to the labor dispute. The
  744  special examiner shall make the determination after an
  745  investigation, as necessary. The claimant or another party
  746  entitled to notice of the determination may appeal a
  747  determination under subsection (4).
  748         (4) APPEALS.—
  749         (b) Filing and hearing.—
  750         1. The claimant or any other party entitled to notice of a
  751  determination may appeal an adverse determination to an appeals
  752  referee within 20 days after the date of mailing of the notice
  753  to her or his last known address or, if the notice is not
  754  mailed, within 20 days after the date of delivery of the notice.
  755         2. Unless the appeal is untimely or withdrawn or review is
  756  initiated by the commission, the appeals referee, after mailing
  757  all parties and attorneys of record a notice of hearing at least
  758  10 days before the date of hearing, notwithstanding the 14-day
  759  notice requirement in s. 120.569(2)(b), may only affirm, modify,
  760  or reverse the determination. An appeal may not be withdrawn
  761  without the permission of the appeals referee.
  762         3. However, when an appeal appears to have been filed after
  763  the permissible time limit, the Office of Appeals may issue an
  764  order to show cause to the appellant, requiring the appellant to
  765  show why the appeal should not be dismissed as untimely. If the
  766  appellant does not, within 15 days after the mailing date of the
  767  order to show cause, provide written evidence of timely filing
  768  or good cause for failure to appeal timely, the appeal shall be
  769  dismissed.
  770         4. When an appeal involves a question of whether services
  771  were performed by a claimant in employment or for an employer,
  772  the referee must give special notice of the question and of the
  773  pendency of the appeal to the employing unit and to the Agency
  774  for Workforce Innovation, both of which become parties to the
  775  proceeding.
  776         5.a. Any part of the evidence may be received in written
  777  form, and all testimony of parties and witnesses shall be made
  778  under oath.
  779         b. Irrelevant, immaterial, or unduly repetitious evidence
  780  shall be excluded, but all other evidence of a type commonly
  781  relied upon by reasonably prudent persons in the conduct of
  782  their affairs shall be admissible, whether or not such evidence
  783  would be admissible in a trial in the courts of the state.
  784         c. Hearsay evidence may be used for the purpose of
  785  supplementing or explaining other evidence, or to support a
  786  finding if it would be admissible over objection in civil
  787  actions. Notwithstanding s. 120.57(1)(c), hearsay evidence may
  788  support a finding of fact if:
  789         (I) The party against whom it is offered has a reasonable
  790  opportunity to review such evidence prior to the hearing; and
  791         (II) The appeals referee or special deputy determines,
  792  after considering all relevant facts and circumstances, that the
  793  evidence is trustworthy and probative and that the interests of
  794  justice will best be served by its admission into evidence.
  795         6.5. The parties must be notified promptly of the referee’s
  796  decision. The referee’s decision is final unless further review
  797  is initiated under paragraph (c) within 20 days after the date
  798  of mailing notice of the decision to the party’s last known
  799  address or, in lieu of mailing, within 20 days after the
  800  delivery of the notice.
  801         (e) Judicial review.—Orders of the commission entered under
  802  paragraph (c) are subject to review only by notice of appeal in
  803  the district court of appeal in the appellate district in which
  804  a claimant resides or the job separation arose or in the
  805  appellate district where the order was issued the issues
  806  involved were decided by an appeals referee. However, if the
  807  notice of appeal is filed solely with the commission, the appeal
  808  shall be filed in the district court of appeal in the appellate
  809  district in which the order was issued. Notwithstanding chapter
  810  120, the commission is a party respondent to every such
  811  proceeding. The Agency for Workforce Innovation may initiate
  812  judicial review of orders in the same manner and to the same
  813  extent as any other party.
  814         Section 13. Section (10) is added to section 443.171,
  815  Florida Statutes, to read:
  816         443.171 Agency for Workforce Innovation and commission;
  817  powers and duties; records and reports; proceedings; state
  818  federal cooperation.—
  819         (10) EVIDENCE OF MAILING.—The existence of a mailing date
  820  on any notice, determination, decision, order, or other document
  821  mailed by the Agency for Workforce Innovation or its tax
  822  collection service provider pursuant to this chapter creates a
  823  rebuttable presumption that such notice, determination, order,
  824  or other document was mailed on the date indicated.
  825         Section 14. Notwithstanding the expiration date contained
  826  in section 1 of chapter 2010-90, Laws of Florida, operating
  827  retroactive to June 2, 2010, and expiring January 4, 2012,
  828  section 443.1117, Florida Statutes, is revived, readopted, and
  829  amended to read:
  830         443.1117 Temporary extended benefits.—
  831         (1) APPLICABILITY OF EXTENDED BENEFITS STATUTE.—Except if
  832  the result is inconsistent with other provisions of this
  833  section, s. 443.1115(2), (3), (4), (6), and (7) apply to all
  834  claims covered by this section.
  835         (2) DEFINITIONS.—As used in For the purposes of this
  836  section, the term:
  837         (a) “Regular benefits” and “extended benefits” have the
  838  same meaning as in s. 443.1115.
  839         (b) “Eligibility period” means the weeks in an individual’s
  840  benefit year or emergency benefit period which begin in an
  841  extended benefit period and, if the benefit year or emergency
  842  benefit period ends within that extended benefit period, any
  843  subsequent weeks beginning in that period.
  844         (c) “Emergency benefits” means Emergency Unemployment
  845  Compensation paid pursuant to Pub. L. No. 110-252, Pub. L. No.
  846  110-449, Pub. L. No. 111-5, Pub. L. No. 111-92, Pub. L. No. 111
  847  118, Pub. L. No. 111-144, and Pub. L. No. 111-157, Pub. L. No.
  848  111-205, and Pub. L. No. 111-312.
  849         (d) “Extended benefit period” means a period that:
  850         1. Begins with the third week after a week for which there
  851  is a state “on” indicator; and
  852         2. Ends with any of the following weeks, whichever occurs
  853  later:
  854         a. The third week after the first week for which there is a
  855  state “off” indicator; or
  856         b. The 13th consecutive week of that period.
  857  
  858  However, an extended benefit period may not begin by reason of a
  859  state “on” indicator before the 14th week after the end of a
  860  prior extended benefit period that was in effect for this state.
  861         (e) “Emergency benefit period” means the period during
  862  which an individual receives emergency benefits as defined in
  863  paragraph (c).
  864         (f) “Exhaustee” means an individual who, for any week of
  865  unemployment in her or his eligibility period:
  866         1. Has received, before that week, all of the regular
  867  benefits and emergency benefits, if any, available under this
  868  chapter or any other law, including dependents’ allowances and
  869  benefits payable to federal civilian employees and ex
  870  servicemembers under 5 U.S.C. ss. 8501-8525, in the current
  871  benefit year or emergency benefit period that includes that
  872  week. For the purposes of this subparagraph, an individual has
  873  received all of the regular benefits and emergency benefits, if
  874  any, available even if although, as a result of a pending appeal
  875  for wages paid for insured work which were not considered in the
  876  original monetary determination in the benefit year, she or he
  877  may subsequently be determined to be entitled to added regular
  878  benefits;
  879         2. Had a benefit year that which expired before that week,
  880  and was paid no, or insufficient, wages for insured work on the
  881  basis of which she or he could establish a new benefit year that
  882  includes that week; and
  883         3.a. Has no right to unemployment benefits or allowances
  884  under the Railroad Unemployment Insurance Act or other federal
  885  laws as specified in regulations issued by the United States
  886  Secretary of Labor; and
  887         b. Has not received and is not seeking unemployment
  888  benefits under the unemployment compensation law of Canada; but
  889  if an individual is seeking those benefits and the appropriate
  890  agency finally determines that she or he is not entitled to
  891  benefits under that law, she or he is considered an exhaustee.
  892         (g) “State ‘on’ indicator” means, with respect to weeks of
  893  unemployment beginning on or after February 1, 2009, and ending
  894  on or before December 10, 2011 May 8, 2010, the occurrence of a
  895  week in which the average total unemployment rate, seasonally
  896  adjusted, as determined by the United States Secretary of Labor,
  897  for the most recent 3 months for which data for all states are
  898  published by the United States Department of Labor:
  899         1. Equals or exceeds 110 percent of the average of those
  900  rates for the corresponding 3-month period ending in any or all
  901  each of the preceding 3 2 calendar years; and
  902         2. Equals or exceeds 6.5 percent.
  903         (h) “High unemployment period” means, with respect to weeks
  904  of unemployment beginning on or after February 1, 2009, and
  905  ending on or before December 10, 2011 May 8, 2010, any week in
  906  which the average total unemployment rate, seasonally adjusted,
  907  as determined by the United States Secretary of Labor, for the
  908  most recent 3 months for which data for all states are published
  909  by the United States Department of Labor:
  910         1. Equals or exceeds 110 percent of the average of those
  911  rates for the corresponding 3-month period ending in any or all
  912  each of the preceding 3 2 calendar years; and
  913         2. Equals or exceeds 8 percent.
  914         (i) “State ‘off’ indicator” means the occurrence of a week
  915  in which there is no state “on” indicator or which does not
  916  constitute a high unemployment period.
  917         (3) TOTAL EXTENDED BENEFIT AMOUNT.—Except as provided in
  918  subsection (4):
  919         (a) For any week for which there is an “on” indicator
  920  pursuant to paragraph (2)(g), the total extended benefit amount
  921  payable to an eligible individual for her or his applicable
  922  benefit year is the lesser of:
  923         1. Fifty percent of the total regular benefits payable
  924  under this chapter in the applicable benefit year; or
  925         2. Thirteen times the weekly benefit amount payable under
  926  this chapter for a week of total unemployment in the applicable
  927  benefit year.
  928         (b) For any high unemployment period, the total extended
  929  benefit amount payable to an eligible individual for her or his
  930  applicable benefit year is the lesser of:
  931         1. Eighty percent of the total regular benefits payable
  932  under this chapter in the applicable benefit year; or
  933         2. Twenty times the weekly benefit amount payable under
  934  this chapter for a week of total unemployment in the applicable
  935  benefit year.
  936         (4) EFFECT ON TRADE READJUSTMENT.—Notwithstanding any other
  937  provision of this chapter, if the benefit year of an individual
  938  ends within an extended benefit period, the number of weeks of
  939  extended benefits the individual is entitled to receive in that
  940  extended benefit period for weeks of unemployment beginning
  941  after the end of the benefit year, except as provided in this
  942  section, is reduced, but not to below zero, by the number of
  943  weeks for which the individual received, within that benefit
  944  year, trade readjustment allowances under the Trade Act of 1974,
  945  as amended.
  946         Section 15. If any provision of this act or its application
  947  to any person or circumstance is held invalid, the invalidity
  948  does not affect other provisions or applications of the act
  949  which can be given effect without the invalid provision or
  950  application, and to this end the provisions of this act are
  951  severable.
  952         Section 16. The provisions of s. 443.1117, Florida
  953  Statutes, as revived, readopted, and amended by this act, apply
  954  only to claims for weeks of unemployment in which an exhaustee
  955  establishes entitlement to extended benefits pursuant to that
  956  section which are established for the period between December
  957  17, 2010, and January 4, 2012.
  958         Section 17. For the 2011-2012 fiscal year, the sum of
  959  $242,300 in nonrecurring funds is appropriated from the
  960  Operating Trust Fund to the Administration of Unemployment
  961  Compensation Tax Special Category in the Department of Revenue
  962  to be used to implement this act. In addition, for the 2010-2011
  963  fiscal year, the sum of $256,891 in nonrecurring funds is
  964  appropriated from the Employment Security Administration Trust
  965  Fund in the contracted services appropriation category to the
  966  Agency for Workforce Innovation to be used to contract with the
  967  Department of Revenue for tax-related services as required to
  968  implement this act.
  969         Section 18. The Legislature finds that this act fulfills an
  970  important state interest.
  971         Section 19. Except as otherwise expressly provided in this
  972  act, this act shall take effect upon becoming a law.
  973  
  974  ================= T I T L E  A M E N D M E N T ================
  975         And the title is amended as follows:
  976         Delete everything before the enacting clause
  977  and insert:
  978                        A bill to be entitled                      
  979         An act relating to unemployment compensation; amending
  980         s. 213.053, F.S.; increasing the number of employer
  981         payroll service providers who qualify for access to
  982         unemployment tax information by filing a memorandum of
  983         understanding; amending s. 443.031, F.S.; revising
  984         provisions relating to statutory construction;
  985         amending s. 443.036, F.S.; revising and providing
  986         definitions; revising the term “misconduct” to include
  987         conduct outside of the workplace and additional lapses
  988         in behavior; amending s. 443.041, F.S.; conforming a
  989         cross-reference; amending s. 443.091, F.S.; conforming
  990         provisions to changes made by the act; requiring that
  991         an applicant for benefits participate in an initial
  992         skills review; providing exceptions; requiring the
  993         administrator or operator of the initial skills review
  994         to notify specified entities regarding review
  995         completion and results; amending s. 443.101, F.S.;
  996         clarifying “good cause” for voluntarily leaving
  997         employment; disqualifying a person for benefits due to
  998         the receipt of severance pay; revising provisions
  999         relating to the effects of criminal acts on
 1000         eligibility for benefits; amending s. 443.111, F.S.;
 1001         providing a definition; reducing the amount and
 1002         revising the calculation of the number of weeks of a
 1003         claimant’s benefit eligibility; amending s. 443.1216,
 1004         F.S.; conforming provisions to changes made by the
 1005         act; amending s. 443.131, F.S.; providing definitions;
 1006         revising an employer’s unemployment compensation
 1007         contribution rate by certain factors; amending s.
 1008         443.141, F.S.; providing an employer payment schedule
 1009         for 2012, 2013, and 2014 contributions; amending s.
 1010         443.151, F.S.; revising allowable forms of evidence in
 1011         benefit appeals; revising the judicial venue for
 1012         reviewing commission orders; amending s. 443.171,
 1013         F.S.; specifying that evidence of mailing an agency
 1014         document is based on the date stated on the document;
 1015         reviving, readopting, and amending s. 443.1117, F.S.,
 1016         relating to temporary extended benefits; providing for
 1017         retroactive application; establishing temporary state
 1018         extended benefits for weeks of unemployment; revising
 1019         definitions; providing for state extended benefits for
 1020         certain weeks and for periods of high unemployment;
 1021         providing severability; providing applicability;
 1022         providing appropriations for purposes of
 1023         implementation; providing that the act fulfills an
 1024         important state interest; providing effective dates.